Employees of Lawrence Livermore National Laboratory have ported Sun's/Oracle's ZFS natively to Linux. Linux already had a ZFS port in userspace via FUSE, since license incompatibilities between the CDDL and GPL prevent ZFS from becoming part of the Linux kernel. This project solves the licensing issue by distributing ZFS as a separate kernel module users will have to download and build for themselves.

That was my point. Sun/Oracle has chosen how the item is licensed. It can't be included into the kernel because the license conflicts. If they where interested in getting it into the kernel, they could choose to change the license. Since it's there "ball", they have the right to license it as they like even if that stops some other kids from being able to join in the game.

Linux arent the only kid and surely not all that important outside the linux camp so why would anyone use the gpl just to please the linux camp?

I see how the comment could be read in the reverse though as many seem to have done given the first few responses.